Economic Incentive Clawback
Allows certain mature minors 15+ experiencing homelessness to consent to shelter and supportive services with written consent; providers assess maturity and safety.
Allows certain mature minors 15+ experiencing homelessness to consent to shelter and supportive services with written consent; providers assess maturity and safety.
Status
- Bill number: S 132 (Senate Docket No. 994) — filed 1/15/2025, introduced in the Senate 1/16/2025.
- Referred to Committee on Children, Families and Persons with Disabilities (and recorded as referred to Local Government). Read twice and referred to Committee on Finance. Hearing scheduled 10/21/2025 (B‑1). House concurrence entries also appear in the record (2/27/2025).
- Proposal would add a new section (Section 16XX) to Chapter 6A of the Massachusetts General Laws.
Purpose
- To authorize certain "mature minors" who are experiencing or at risk of homelessness to consent on their own behalf to receive shelter and other defined supportive services, and to permit providers to deliver those services after obtaining informed written consent from the minor.
Key provisions
- Definitions:
- "Mature minor experiencing or at risk of experiencing homelessness" — a person who is at least 15 years old; not in the physical custody of a parent/legal guardian; lacks a fixed, regular, and adequate nighttime residence (per §16W) or is at significant risk of homelessness; and is capable of understanding and participating in decision‑making without excessive anxiety/fear.
- "Service Provider" — public or private nonprofit organization providing supportive services to such minors.
- "Supportive Services" — services or interventions to help the minor secure/maintain stable housing; permanent connections (family, school, community); financial stability; education/employment/income; and social/emotional wellbeing.
- Consent standard:
- A mature minor may consent to shelter/supportive services if the provider reasonably believes the minor: (i) understands benefits, responsibilities, risks, and limits and can give informed consent; (ii) understands shelter/service rules; and (iii) needs the services to ensure safety and wellbeing.
- A minor parent meeting the definition may also consent to services for their child.
- Written consent:
- Providers receiving funding from the Executive Office of Health and Human Services’ Homeless Youth Services Division may provide services after obtaining informed written consent that states the minor’s age, guardianship status (if known), and living situation.
- Limitations:
- Providers must not provide services if they know the minor provided false information in the consent or does not meet the statutory definition.
- Liability and regulation:
- Providers acting in compliance are immune from civil or criminal liability except for gross negligence or willful/wanton acts/omissions.
- The Office of Children, Youth, and Families must adopt regulations to implement the section.
Who is affected
- Primary: minors aged 15 and older who are unaccompanied or at imminent risk of homelessness and who meet the "mature minor" standard; minor parents who can consent for themselves and their child.
- Service providers (nonprofit and public) delivering homeless youth services, particularly those receiving EOHHSD Homeless Youth Services Division funding, which are required to obtain and document written informed consent.
- State agencies responsible for regulatory oversight (Office of Children, Youth, and Families) and funders (EOHHSD).
Potential impacts and implementation considerations
- Enables quicker access to shelter and supportive services for older unaccompanied youth by allowing self‑consent, subject to provider assessment of maturity and understanding.
- Places reliance on provider judgment and documentation; implementing regulations and training will be necessary to standardize consent assessments and minimize liability exposure.
- Raises operational considerations around verification of guardianship status, age, and living situation, and safeguards to prevent exploitation or inappropriate placements.
- Fiscal impact likely tied to existing Homeless Youth Services funding streams; bill does not appropriate new funds but affects how funded providers may deliver services.
Related measures
- Companion/related bills listed in the record: HR 517, A 4927, SD 994 (replacement), prior-session S 89 and S 8395.
Note: The bill record includes multiple procedural referrals and scheduling entries; interested parties should monitor committee postings and the Office of Children, Youth, and Families for implementing regulations and guidance.
Compiled from official sources — confirm details with the bill’s official record.
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